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HomeMy WebLinkAboutZBA-10/18/2007 . APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman . Mailing Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location; Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 hllp;/Isoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 18, 2007 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, October 18, 2007 commencing at 9:30 AM. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Michael A Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Erika Nadeau, ZBA Court Reporter 9:30 AM. Chairman Dinizio called the meeting to order. The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Member Weisman, seconded by Member Oliva, to declare the following Declarations: Tvoe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: GERALD and DOROTHY W ANSOR #6074 ALBERT and SUSAN ARIAS #6065 MICHAEL and BETH NEUMANN #6077 LAURA A WElL #6078 JOSEPH FINORA and MARY GRACE #6080 Page 2 - Minutes Meeting held October 18, 2007 Southold Town Zoning Board of Appeals . . ANTHONY BONAGURA and BARBARA BONAGURA #6081 STEVE SACHMAN #6082 . PHILIP B. STANTON AND JENNIFER STANTON #5948 GAMA PROPERTIES (WAREX TERMINAL CORP.) #5906 PETER and SHARON MANGANIELLO #6066 DANIEL and ELAINE O'CONNELL #6084 KENNETH G. SCHEUBLEIN #6079 HOUSE OF DAIGE #5926 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: DENIAL DAVID SHERMAN #6063 DENIAL with GRANT ALTERNATIVE RELIEF WENDY LOMAS and CHARLOTTE GREENE #6067. III. PUBLIC HEARINGS: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 9:35 A.M. GERALD and DOROTHY WANSOR #6074. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's July 25, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz Application) for the reason that proposed alterations to existing single-family dwelling, additions, and attaching garage for conversion to living space, will increase the degree of nonconformance when located less than 40 feet from the front lot line (along Haywaters Road). Location: 1525 Vanston Road alkJa Old Cove Road, Cutchogue; CTM 111-4-12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Member Weisman to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held October 18,2007 Southold Town Zoning Board of Appeals . . III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 9:48 AM. ALBERT and SUSAN ARIAS #6065. Request for a Variance under Sections 280-104 and 280-124, based on the Building Inspector's May 29, 2007 Notice of Disapproval, which states that the proposed additions and alterations to the existing single-family dwelling will be less than 32.4 feet, the average front yard setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district, at 195 Oak Avenue, Southold; CTM 77-2-10. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: Mter receiving testimony, motion was offered by Member Dinizio, seconded by Member Oliva to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:55 AM. MICHAEL and BETH NEUMANN #6077. Fred Weber, Architect and Eugene Berger, Builder. Request for a Variance under Section 280-15, based on the Building Inspector's June 28,2007 Notice of Disapproval concerning a proposed accessory swimming pool, partly in a side yard instead of a rear yard, at private right-of-way extending from the north side of Grand Avenue (House #3329), Mattituck; CTM 107-1-12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Members Oliva and Goehringer, seconded by Member Dinizio to close the hearing reserving decision pending receipt of additional information relative to grading and contour of the land. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:21 AM. LAURA A WElL #6078. Richard Gluckman, Architect. Requests for Variances under Sections 280-122, 280-124, 280-1l6B, based on Zoning Code Interpretation #5039 (Walz Application) and the Building Inspector's July 30, Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line will create an increase in the degree of nonconformance. New construction is also proposed at less than 75 feet from the bulkhead. Location of Property: 2760 Village Lane, Orient; CTM 26-1-20.1. (Please see transcript of written statements prepared under separate cover.) The applicant said they were not able to furnish 4 signature cards for the permanent file, but would furnish a USPS tracking confirmation soon. BOARD Page 4 ~ Minutes Meeting held October 18,2007 Southold Town Zoning Board of Appeals . . RESOLUTION: After receivmg testimony, motion was offered by Member Dinizio, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 10:35 AM. JOSEPH FINORA and MARY GRACE #6080. Appearing were Mr. and Mrs. Finora; opposing was Mrs. Joan Bernard. (Please see transcript of written statements prepared under separate cover.) Request for a Variance under Section 280-124, based on the Building Inspector's amended August 15, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing dwelling with a setback at less than 35 feet from the rear lot line, at 375 Wells Road, Laurel; CTM 126-8-18. BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Members Oliva and Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:57 AM. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:08 AM. RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:09 AM. ANTHONY BONAGURA and BARBARA BONAGURA #6081 and Doug Pines, Architect, requesting a Special Exception Section 280-13B of the Zoning Code for an Accessory Apartment (as- built/without permits) with owner-occupancy in the existing single- family dwelling, with recent additions and enlargement (open Building Permit #32609-z), at 900 Holbrook Lane, Mattituck; CTM 113-6-11. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Oliva, to close the hearing reserving decision pending additional information requested. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held October 18, 2007 Southold Town Zoning Board of Appeals . . III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 11:48 A.M. STEVE SACHMAN #6082. Ray Nemscheck, Architect. This is an appeal based on the August 21, 2007 Notice of Disapproval issued by the Building Inspector concerning a building permit application and amended plans to build a new accessory garage at 20 feet in height and with a setback of 6.5 feet from the side lot line. The reasons stated in the Notice of Disapproval are that an accessory garage on a 35,043 square foot parcel in an R-40 Zone is not permitted under Section 280-15, and in the case of a waterfront parcel, accessory structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this code, and the side yard setback requirements for accessory buildings in Section B above. On lots between 20,000 and 39,999 square feet, for an accessory building measuring up to 20 feet in height, the required side yard setback is 15 feet. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:00 P.M. RESOLUTION (LUNCH): Motion was offered by Member Dinizio, seconded by Member Weisman, to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:05 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Dinizio, seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:05 P.M. PHILIP B. STANTON and JENNIFER STANTON #5948. P. Moore, Esq. This is an Appeal based on an application for a building permit, to relocate an accessory barn building and after relocation and additions of the accessory barn, to use the barn as a game room, adding bathroom facilities and a fireplace. Applicants request: (a) an Interpretation of Section 280-121-C (formerly numbered lOO-31-C); and (b) Variance concerning height of the accessory barn building, to be relocated and enlarged, at a height that exceeds the code limitation of eighteen (18) feet, (c) Reversal of the Building Inspector's July 14, 2006 Decision, which Building Inspector decision states that the use, Page 6 - Minutes Meeting held October 18,2007 Southold Town Zoning Board of Appeals . . after relocation, renovations, and conversion, is not permitted under the code as an accessory use. Location of Property: 522 Town Creek Lane, Southold; CTM 64-1-14.7. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to adjourn the hearing to December 20, 2007, for submission by applicant of the revised location map to be received by November 12, 2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 1:55 P.M. GAMA PROPERTIES (formerly WAREX TERMINAL CORP.) #5906 as Amended. George Amazaro, Vivian Kamath, et al appearing for the applicant. Requests for Variances under Sections 280-49 (100-102), 280-122 (100-242A based on Zoning Interpretation #5038-Walz Application), and 280-50C (100-103C), and for a Special Exception for a car wash facility (Section 280-48B), based on the Building Inspector's amended September 21, 2007 Notice of Disapproval. The applicants propose to add a car wash with alterations to a building and to increase the length of the existing canopy. The reasons stated by the Building Inspector for disapproving the application for a building permit are: (1) following the proposed construction, the building will have a side yard setback at less than the code-required 25 feet; (2) following the proposed extension of the existing canopy, there will be an increase in the degree of nonconformance for the front yard setback from the Main Road - NYS Route 25; (3) following the proposed extension of the existing canopy, there will be an increase in size (as a single separate structure) that will exceed the code maximum of 60 linear feet of frontage on one street (Factory Avenue). Location of Property: CITGO Gas Station, Corner of Factory Avenue at 9945 Route 25 (a/k!a Main Road), Mattituck; CTM 142-1-27. Zone District: B-General Business. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to adjourn the hearing without date, pending a final SEQRA determination (pending with the Lead Agency Page 7 - Minutes Meeting held October 18, 2007 Southold Town Zoning Board of Appeals . . at this time). Vote of the Board: Ayes: AlL This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 2:37 P.M. PETER and SHARON MANGANIELLO #6066. R. Hill, RLH Land Planning. Amended application requesting a Variance under Section 280-116A.2, based on an updated survey and the Building Inspector's October 2, 2007 amended Notice of Disapproval concerning as-built deck additions to the existing single-family dwelling, for the reason that the construction will also be less than 100 feet from the ordinary high water mark of the Long Island Sound (in addition to setback and lot coverage variances published for a public hearing held September 13, 2007), at 58315 County Route 48 (a/k/a North Road), Greenport; CTM 44-2-12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Goehringer, to close the hearing reserving decision pending copy of 1981 pre-CO and building permit information offered by Mr. Hill during the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:53 P.M. DANIEL and ELAINE O'CONNELL #6084. Request for a Variance under Section 280-124, based on the Building Inspector's August 1, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required 35 ft. side yard setbacks (total), at 1205 Waterview Drive, Southold; CTM 78-7 -16. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:00 P.M. KENNETH G. SCHEUBLEIN #6079. D. Doty, Esq. appearing with the applicant and several residents in the neighborhood in support of this application; in opposition appearing for Mr. LaRocca, adjacent residence owner. This is a request for Variances under Section 280-15, based on the Building Inspector's June 14, 2007 Notice of Disapproval concerning a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: Page 8 - Minutes Meeting held October 18, 2007 Southold Town Zoning Board of Appeals . . Mter recelvmg testimony, motion was offered by Member Oliva, seconded by Member Weisman, to adjourn to December 20, 2007 for alternate location drawings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Dinizio introducing each application, and Member reading of the Legal Notice aloud for each hearing, as published: 4:33 P.M. HOUSE OF DAlGE #5926. D. Doty, Esq. appearing for the applicant. This is an Appeal: (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single- family dwelling, instead of its present zoning restrictions adopted on September 29, 1969 under Appeal No. 1290, which application requested a split of the property to allow a 6,000 square foot portion to be used as a garage, as an accessory to the applicant's home across the street in 1969, resulting in the remaining portion of the land, now CTM Parcel 52-3-14.1 (now or formerly Hoffman), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a Variance to build a dwelling with side yards at less than the code- required 25 feet (combined setbacks), after removal of the garage. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). (End of public hearings, meeting continued as noted below). *** IV. RESOLUTIONSfUPDATED REVIEWS/OTHER: A. NOVEMBER ZBA MEETING ATES: Chairman Dinizio confirmed the Special Meeting 6:00 p.m. Thursday, November 1, 2007, at the Town Annex Building, NFB, 2nd Floor, Youngs Avenue, Southold. Chairman Dinizio also confirmed the scheduled Regular Meetings for 9:30 a.m. Thursday, November 15, 2007, and Thursday, December 20, 2007 to be held at the Town Hall, Court RoomlMeeting Hall, Main Road, Southold. B. New Business items (none). C. APPROVAL OF MINUTES - RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva, and Page 9 - Minutes Meeting held October 18, 2007 Southold Town Zoning Board of Appeals . . duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held September 27,2007. Vote of the Board: Ayes: AlL This Resolution was duly adopted (5-0). D. Work Session: Brief discussion regarding application submissions: Chairman Dinizio suggested further discussion regarding the elevation information shown on the Department's instruction sheet/checklist for new submissions. (No action was offered or taken at this time; discussion tabled.) V. EXECUTIVE SESSION (none held). * * * There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 4:55 p.m. Respectfully submitted, rfLoUL.- x? OU/ a.LaA - v li';':da Kowalski 10/24/07 Secretary, Board of Appeals Included by Reference: Filed ZBA Decisions (2) ( ~~-. es Dinizio Jr., Chair proved for Filing esolution Accepting for Filing 11/0112007 RECEIVED 't-W J .'-(3f,f'rt . NOV - 9 rxAAJ.~() .l)v.v:N ~own Clerk .